30Covered emissions from the operation of a facility

30 Covered emissions from the operation of a facility

(1) For the purposes of this Act, a covered emission from the operation of a facility is a scope 1 emission of greenhouse gas, where: (a) the greenhouse gas is released into the atmosphere as a direct result of the operation of the facility; and (b) the greenhouse gas is released in Australia; and (c) the Minister has, under subsection 10(3) of the National Greenhouse and Energy Reporting Act 2007, determined: (i) methods by which the amounts of the scope 1 emission are to be measured; or (ii) criteria for methods by which the amounts of the scope 1 emission are to be measured. Exclusion of emissions from the combustion of certain fuels (2) For the purposes of this Act, a covered emission from the operation of a facility does not include emissions attributable to the combustion of: (a) liquid petroleum fuel; or (b) liquefied petroleum gas; or (c) liquefied natural gas; or (d) compressed natural gas; that has been subject to: (e) any duty under the Customs Tariff Act 1995; or (f) any duty under the Excise Tariff Act 1921. (3) For the purposes of this Act, a covered emission from the operation of a facility does not include emissions attributable to the combustion of: (a) biomass; or (b) biofuel; or (c) biogas. Exclusion of agricultural emissions (4) For the purposes of this Act, a covered emission from the operation of a facility does not include any of the following emissions: (a) an emission of methane from the digestive tract of livestock; (b) an emission of: (i) methane; or (ii) nitrous oxide; from the decomposition of: (iii) livestock urine; or (iv) livestock dung; (c) an emission of methane from: (i) rice fields; or (ii) rice plants; (d) an emission of: (i) methane; or (ii) nitrous oxide; from the burning of: (iii) savannas; or (iv) grasslands; (e) an emission of: (i) methane; or (ii) nitrous oxide; from the burning of: (iii) crop stubble in fields; or (iv) crop residues in fields; or (v) sugar cane before harvest; (f) an emission of: (i) carbon dioxide; or (ii) methane; or (iii) nitrous oxide; from soil. (5) Paragraph (4)(f) does not apply to an emission that is attributable to the operation of a landfill facility. Exclusion of other emissions from land (6) For the purposes of this Act, a covered emission from the operation of a facility does not include emissions: (a) that are attributable to changes in the levels of carbon sequestered in: (i) living biomass; or (ii) dead organic matter; or (iii) soil; and (b) that are also attributable to: (i) land use; or (ii) changes in land use (including land clearing); or (iii) forestry activities; and (c) that are not emissions to which subsection (4) applies. (7) Subsection (6) does not apply to an emission that is attributable to the operation of a landfill facility. Exclusion of fugitive emissions from decommissioned underground mines (8) For the purposes of this Act, a covered emission from the operation of a facility does not include fugitive emissions from a decommissioned underground mine. Exclusion of legacy emissions from landfill facilities (9) For the purposes of this Act, a covered emission from the operation of a landfill facility does not include legacy emissions from the operation of the facility. Exclusion of exempt landfill emissions from landfill facilities (9A) For the purposes of this Act, a covered emission from the operation of a landfill facility does not include exempt landfill emissions from the operation of the facility. Exclusion of emissions from closed landfill facilities (10) If: (a) a landfill facility has not accepted any waste since the start of 1 July 2012; and (b) an amount of greenhouse gas is emitted from the operation of the facility; the amount mentioned in paragraph (b), to the extent to which it is attributable to solid waste, is not a covered emission from the operation of the landfill facility. Exclusion of emissions of certain synthetic greenhouse gases (11) For the purposes of this Act, a covered emission from the operation of a facility does not include any of the following emissions: (a) an emission of a hydrofluorocarbon; (b) an emission of sulfur hexafluoride; (c) an emission of a perfluorocarbon. (12) Paragraph (11)(c) does not apply to an emission that is attributable to aluminium production.